Session: July to November 2016

LAW OF EVIDENCE
[Semester- VII (A,B &C)]
Course TeacherMs. Apurva Verma
Ms. Neha Sinha
Ms.Adya Pandey
Introduction of the course
In every civilized legal system we can classify the laws in two categories 1. Substantive Law 2.
Procedural laws. The Law of evidence is one of the most important part of the procedural law.
The law of evidence plays a very important role in the effective functioning of the judicial
system. The law of evidence is an indispensable part of both substantive and procedural laws. It
imparts credibility to the adjudicatory process by indicating the degree of veracity to be
attributed to 'facts' before the forum. This paper enables the student to appreciate the concepts
and principles underlying the law of evidence and identify the recognized forms of evidence and
its sources. The subject seeks to impart to the student the skills of examination and appreciation
of oral and documentary evidence in order to find out the truth. The art of examination and crossexamination, and the shifting nature of burden of proof are crucial topics. The concepts brought
in by amendments to the law of evidence are significant parts of study in this course.

MODULE-I : Central Conceptions in Law of Evidence:

Definition
Presumption
Relevancy and admissibility
MODULE II
Doctrine of res gestae
Conspiracy

Plea of alibi
Other relevant fact (Section7, 8,9,12, 13, 14, 15, 16, 34, 42, 43 and 44)

MODULE-III

Admission
Confessions 28-31
MODULE IV
Dying Declaration
Relevancy of certain evidence for proving the truth of facts in subsequent proceeding (section 33)

MODULE-V
Expert Testimony
Opinion of third person
Character when relevant
MODULE-VI

Oral, documentary, primary and secondary evidence(Section 59- 65)

Public and private documents
Presumption (Section 79, 80, 85, 85A, 85B, 85C, 88A, 90 And 90A)
Exclusion of oral by documentary evidence
Ambiguous documents

MODULE-VII

Burden of Proof
Estoppel

MODULE VIII
Witnesses
Privileged Communications
Accomplice

MODULE-IX

Examination of witnesses (section 136-140, 143-153 and 155)

Leading questions (Section 141,142)
Hostile witness (Section 155)
Refreshing Memory (Section 159)

Prescribed Books:
1.

Indian Evidence Act, (Amendment up to date)

2.

Sarkar and Manohar, Sarkar on Evidence (1999), Wadha & Co., Nagpur

3.

Ratan Lal, Dhiraj Lal: Law of Evidence (2006, Wadhwa, Nagpur

4.

Polein Murphy, Evidence (5th Edn. Reprint 2000), Universal, Delhi.

5.

Avtar Singh, Principles of the Law of Evidence (1992), Central Law Agency, New

6.

Vepa P. Sarathi, Law of Evidence (6th ed., 2006)

7.

M. Monir, Law of Evidence (14th ed., 2006)

Prescribed Legislation:
1.

The Indian Evidence Act, 1872

2.

Indian Penal Code 1860

3.

Civil Procedure Code 1908

4.

Criminal Procedure Code 1973